Fortier v. Stone
Supreme Court of New Hampshire
Trespass, to the person. Trial by jury and verdict for the defendants. The defendant Stone is a detective and was employed by the defendant company to protect its property at Groveton during a strike, and Moore is the company’s superintendent. The act complained of as an assault was Stone's discharging a revolver, the bullet striking the plaintiff. An encounter between the plaintiff and one Mortimer, a guard employed by the company, was in progress.
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Trespass, to the person. Trial by jury and verdict for the defendants. The defendant Stone is a detective and was employed by the defendant company to protect its property at Groveton during a strike, and Moore is the company’s superintendent. The act complained of as an assault was Stone's discharging a revolver, the bullet striking the plaintiff. An encounter between the plaintiff and one Mortimer, a guard employed by the company, was in progress. Stone claimed that he shot to summon help, that the bullet struck the ground, glanced, and hit the plaintiff. There was also evidence in the…
1Opinion of the CourtParsons, C. J.
This suit arises out of a personal encounter in the streets of Groveton July 3, 1917, between guards employed by the Odell Manufacturing Company for the protection of its property and certain of its former employees. The evidence appears to have been voluminous but in the course of the trial the controversy was brought to a narrow issue. The jury were instructed without exception or objection that recovery could be had against none of the defendants unless the defendant Stone was first found liable and that the only assault and battery for which recovery could be had against Stone was the…
2Cases cited2 opinions
- Morris v. PlattSupreme Court of Connecticut · 1864
- Paxton v. BoyerIllinois Supreme Court · 1873
3Cited by4 opinions
- Brann v. Exeter Clinic, Inc.Supreme Court of New Hampshire · 1985
- Murray v. Bullard Co.Supreme Court of New Hampshire · 1970
- Bogrett Ex Rel. Bogrett v. HromadaSupreme Court of New Hampshire · 1941
- Nelson v. NorthumberlandSupreme Court of New Hampshire · 1939